22 Illinois opinions name it 2 courts 1928–2020 0 in the last five years
The cases below were cited by Illinois courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Ryder v. United Statesgreen2 sentences2019The United States Supreme Court put it this way: " 'The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office.' " Ryder v. United States , 515 U.S. 177 , 180-81, 115 S.Ct. 2031 , 132 L.Ed.2d 136 (1995) (quoting 63A Am. 2019The United States Supreme Court put it this way: " 'The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office.' " Ryder v. United States , 515 U.S. 177 , 180-81, 115 S.Ct. 2031 , 132 L.Ed.2d 136 (1995) (quoting 63A Am. | 2 | 4 |
Daniels v. Industrial Commissiongreen2 sentences2002Thus, despite concluding that the decisions rendered by Kane and Reichart are perfectly valid under the de facto officer doctrine, Justice McMorrow ultimately concludes that "[a]pplying the de facto doctrine to the plaintiff's case at bar * * * would * * * run counter to a competing public interest-uncovering illegal appointment procedures, thereby ensuring that administrative agencies comply with the statutory mandates which govern them." Daniels, 201 Ill.2d at 175 , 266 Ill.Dec. 864 , 775 N.E.2d 936 (McMorrow, J., specially concurring, joined by Freeman, J.) (modified upon denial of rehearin 2002Thus, despite concluding that the decisions rendered by Kane and Reichart are perfectly valid under the de facto officer doctrine, Justice McMorrow ultimately concludes that “[alpplying the de facto doctrine to the plaintiffs case at bar *** would *** run counter to a competing public interest — uncovering illegal appointment procedures, thereby ensuring that administrative agencies comply with the statutory mandates which govern them.” Daniels, 201 Ill. 2d at 175 (McMorrow, J., specially concurring, joined by Freeman, J.) (modified upon denial of rehearing). | 1 | 2 |
Snyder v. Heidelbergergreen2 sentences2012Snyder, 2011 IL 111052, ¶ 38 , 352 Ill.Dec. 176 , 953 N.E.2d 415 (Freeman, J., dissenting). ¶ 34 Applying these concepts, it first should be noted that our case may be an estate-planning case, unlike Snyder. 2012Snyder, 2011 IL 111052, ¶ 38 , 352 Ill.Dec. 176 , 953 N.E.2d 415 (Freeman, J., dissenting). ¶ 34 Applying these concepts, it first should be noted that our case may be an estate-planning case, unlike Snyder. | 1 | 2 |
In Re Winglergreen1 sentence2020As the Supreme Court of North Carolina explained in In re Wingler, 58 S.E.2d 372, 376 (N.C. 1950): “The de facto doctrine is indispensable to the prompt and proper dispatch of governmental affairs. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Illinois. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Haben v. Anderson
green
2 sentences2001In so holding, the court noted that the plaintiff had alleged “that Club membership was a much valued status, that drinking was a de facto requirement for membership in the club, and that the decedent was ‘pressured’ to drink.” Haben, 232 Ill. 2001In Haben, the court found that “it is sufficient to state a cause of action under the Quinn case if it is alleged that there was a de facto requirement to consume alcohol for membership in an organization and that there was a violation of the Hazing Act.” Haben, 232 Ill. | 5 | 2001–2016 |
Ex parte Ward
green
2 sentences2014Id. at 455-56 . “[T]he title of a person acting with color of authority, even if he be not a good officer in point of law, cannot be collaterally attacked; and as [the judge] acted, at least, under such color, we cannot enter on any discussion of proposition involving his title to the office held.” Id. at 456 ; see also Habeas Corpus on Ground of Defective Title to Office of Judge, Prosecuting Attorney, or Other Officer Participating in Petitioner’s Trial or Confinement, 158 A.L.R. 529 (1945). ¶ 18 The well-established de facto doctrine provides that a person performing the duties of an office 2014Id. at 455-56 . “[T]he title of a person acting with color of authority, even if he be not a good officer in point of law, cannot be collaterally attacked; and as [the judge] acted, at least, under such color, we cannot enter on any discussion of proposition involving his title to the office held.” Id. at 456 ; see also Habeas Corpus on Ground of Defective Title to Office of Judge, Prosecuting Attorney, or Other Officer Participating in Petitioner’s Trial or Confinement, 158 A.L.R. 529 (1945). ¶ 18 The well-established de facto doctrine provides that a person performing the duties of an office | 3 | 2013–2014 |
People v. Marcella
green
2 sentences2017Supra ¶ 60 (quoting Marcella, 2013 IL App (2d) 120585, ¶ 31 ). 2016Supra ¶ 60 (quoting Marcella, 2013 IL App (2d) 120585, ¶ 31 ). | 2 | 2016–2017 |
Sharon Andrade v. Charles A. Lauer, Acting Administrator, Office of Juvenile Justice
green
1 sentence2018As the United States Supreme Court has explained: "The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office." (Internal quotation marks omitted.) Ryder , 515 U.S. at 180 -81 , 115 S.Ct. 2031 . ¶ 49 Because at its core the doctrine limits the ability of a plaintiff "to challenge governmental action on the ground that | 1 | 2018–2018 |
SW General, Inc. v. National Labor Relations Board
green
1 sentence2018SW General, Inc. v. National Labor Relations Board , 796 F.3d 67 , 81 (D.C. | 1 | 2018–2018 |
Petersen v. Wallach
green
1 sentence2011Our decision in Petersen, which recognized that subsection (d) created an exception to the repose period in cases where the injury did not occur until after the death of the person for whom the legal services were rendered (Petersen, 198 Ill. 2d at 445 ), served to prevent sections 13–214.3(b) and 13–214.3(c) from creating a de facto bar to estate planning legal malpractice that thwarts the relaxation of the privity rule. | 1 | 2011–2011 |
Quinn v. Sigma Rho Chapter of Beta Theta Pi Fraternity
green
1 sentence1992As the Quinn court noted, “[t]o the extent that plaintiff acted willingly, liability can be transferred to him under principles of comparative negligence.” Quinn v. Sigma Rho Chapter of Beta Theta Pi Fraternity (1987), 155 Ill. | 1 | 1992–1992 |
Board of Education of Mundelein Elementary School District No. 75 v. Illinois Educational Labor Relations Board
green
2 sentences1992This pronouncement, respondent argues, amounted to a de facto rule which changed a published rule and was made in violation of the notice and hearing requirements of the Illinois Administrative Procedure Act, and respondent notes that an order entered by an administrative agency which it lacks the inherent power to make or enter is void, citing Board of Education of Mundelein Elementary School District No. 75 v. Illinois Educational Labor Relations Board (1989), 179 Ill. 1992App. 3d 696, 705 , 534 N.E.2d 1022,1028 . | 1 | 1992–1992 |
State v. Carroll
green
1 sentence1928It rests upon the same principle as the general doctrine announced in State v. Carroll, supra: “The de facto doctrine was introduced into the law as a matter of policy and necessity, to protect the interest of the public and individuals whose interests were involved in the official acts of persons exercising the duties of an office without being lawful officers.” The cases which have been cited as to criminal responsibility were cases of prosecution by indictment. | 1 | 1928–1928 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.